Private legal practitioner Martin Kpebu has urged the government to intensify efforts to extradite former Finance Minister Ken Ofori Atta from the United States, warning that delays jeopardize the state’s ability to recover assets linked to alleged financial losses.
The lawyer stated that extradition involves a complex process requiring not just diplomatic relations but sustained public pressure to achieve success. He emphasized that although earlier attempts did not yield results, the state must not relent in pursuing accountability.
Speaking in recent media appearances, Kpebu argued that public perception may suggest Ofori Atta has evaded accountability, but insisted the situation will change. When you fall, you rise again, we have to attempt it again, he said, adding that the Attorney General is currently working on the extradition process.
The lawyer warned that prolonged delays could undermine the state’s ability to reclaim assets for national development. It may seem Ken Ofori Atta has won and is free now, but with time, we will get him. We have lost a lot of time trying to apprehend him, he stated.
Kpebu criticized the state’s failure so far to secure assets in question. What has been done to freeze his assets? Nothing! Ofori Atta is not returning to the country any time soon, he asserted during interviews discussing the extradition challenges.
The former Finance Minister departed Ghana around January 2, 2025, while under investigation by the Office of the Special Prosecutor (OSP) for alleged corruption related offenses. Special Prosecutor Kissi Agyebeng stated his office did not receive cooperation from key security agencies at that critical juncture, noting institutional sabotage set the stage for the current crisis.
The OSP formally notified Ofori Atta on January 24, 2025, that he was a suspect in five financial cases and directed him to appear in person on February 10. His legal team responded on January 31, citing an indefinite absence from Ghana for medical reasons and offering cooperation. The OSP rejected this claim, demanded a return date by February 10, and warned of legal action.
After Ofori Atta failed to report by a rescheduled June 2 deadline, the OSP reaffirmed his fugitive status. On June 5, 2025, the OSP secured an Interpol Red Notice for Using Public Office for Profit. The notice remains active despite being temporarily removed from public view while Interpol reviews a challenge filed by Ofori Atta and his lawyers.
The OSP declared Ofori Atta wanted in connection with five major cases that collectively caused major financial loss to the state. The largest investigation concerns the Strategic Mobilisation Ghana Limited (SML) revenue assurance contract, which allegedly cost Ghana approximately 1.4 billion Ghana cedis.
On November 24, 2025, the OSP announced it would arraign Ofori Atta and seven others in court over their alleged roles in the SML scandal. The Special Prosecutor filed 78 charges against the former minister and others in connection with controversial agreements between the Ghana Revenue Authority (GRA) and Strategic Mobilisation Ghana Limited.
Those charged alongside Ofori Atta include Ernest Darko Akore, former Technical Advisor at the Ministry of Finance, former GRA Commissioner Generals Dr Ammishaddai Owusu Amoah and Emmanuel Kofi Nti, and GRA officials Isaac Crentsil and Kwadwo Damoah. The charges relate to corruption, abuse of office, and serious breaches of procurement laws.
Kpebu recently alleged that Ofori Atta is attempting to secure permanent residence in the United States. Speaking on TV3’s The Key Points on November 22, 2025, he claimed credible information indicates one of the former minister’s sons is leading efforts to convince United States authorities. The lawyer declined to disclose his source but insisted the information was reliable and verifiable.
The outspoken lawyer rejected the OSP’s earlier justification against attempting trial in absentia, describing the stance as ridiculous. So the key thing is that, as we’re here, from January 2025 we started asking for trial in absentia. The OSP came and gave us ridiculous, ludicrous answers that, no, you cannot do trial in absentia. Eleven months! The fugitives, as described, are not in the country, obviously. So the trial is going to go on, he stated.
Kpebu has also accused Special Prosecutor Kissi Agyebeng of collusion with Ofori Atta. He criticized Agyebeng’s recent admission during an interview with broadcaster Kwaku Sintim Misa that he watched Ofori Atta leave and was powerless to stop him. I told you that I suspected collusion between Kissi Agyebeng and Ken Ofori Atta. There you have it; he has forced Kissi Agyebeng to come and confess. You heard the statement. He said he watched Ken Ofori Atta leave, Kpebu said on TV3’s The Key Points on November 8, 2025.
The OSP invited Kpebu and TV3 for questioning on November 19, 2025, over these allegations. Investigative journalist Manasseh Azure Awuni disclosed that the summons related to comments suggesting the OSP acted corruptly and allowed the former Finance Minister to leave Ghana while under investigation.
Kpebu confirmed the invitation, stating the OSP wants him to clarify his comments. They said the comments I’ve made, and that’s just effectively most of these things that I have here, that I should come and clarify. So I’ll go and clarify, he said, describing the invitation as an opportunity to restate his position that Agyebeng and some OSP officials cannot continue in post because of their handling of the case.
Samuel Darko, Director of Strategy, Research and Communication at the OSP, explained that new evidence discovered during a search at SML premises forced the office to slow extradition steps. Speaking on GTV’s Current Agenda show on November 22, 2025, Darko said the findings were so significant that the office had to alert the Attorney General to temporarily hold back on the extradition request while investigators reviewed additional information.
Darko stated the search, carried out based on a lawful court order, uncovered substantial new material requiring forensic examination. He added that some tests had to be done outside Ghana, with the OSP’s own forensic lab not yet fully operational, extending the review period to almost two months.
The OSP official clarified that Ofori Atta’s case has always had two phases: an investigation phase and now a charging phase. With charges formally filed, he said the next legal step is for the court to ensure proper service on Ofori Atta, since Ghana’s laws require criminal summons to be served on the person directly, not their lawyers.
Former Member of Parliament for Tamale Central, Inusah Fuseini, accused Ofori Atta of deliberately evading accountability. Speaking during a question and answer session on X Space on November 23, Fuseini challenged the former minister to return to Ghana if he believes he has no case to answer. Ofori Atta is running away from accountability. He’s running away from the law. If he has nothing to hide, what prevents him from coming to Ghana? Ofori Atta has brought this upon himself, he said.
Ofori Atta’s defense challenges the fugitive declaration, citing medical necessity and international legal protection. His representatives maintain he is not evading justice but rather a patient undergoing essential medical treatment. His legal team argues that compelling his repatriation from the United States would violate international legal norms.
The New Patriotic Party (NPP) United States Communications Directorate backed this stance, calling the OSP’s declaration unlawful and unfounded. Lawyer Frank Davis, representing the former minister, severely criticized the Special Prosecutor’s public actions.
The Ofori Atta case represents a defining political test of Ghana’s accountability system. The governing National Democratic Congress (NDC) administration, which controls the Attorney General’s office, faces pressure to execute the extradition. Failure to secure his return risks confirming public perception that accountability is reserved for the powerless.
The OSP’s power is constrained, as its prosecution authority is subject to clause four of article 88 of the Constitution, which vests general prosecutorial powers in the Attorney General. Special Prosecutor Agyebeng has proposed embedding the Office of the Special Prosecutor within the Constitution to safeguard its independence.
The OSP announced it will recover 125 million Ghana cedis from Strategic Mobilisation Ghana Limited by way of disgorgement of unjust enrichment. Kissi Agyebeng stated months of investigations revealed acts of corruption, abuse of office, and serious breaches of procurement laws in the awarding and execution of contracts. There was no genuine need for contracting SML for the work it purported to perform, he said.
The prosecution will seek necessary court orders for service of the charge sheet on fugitives who are outside the jurisdiction. The arraignment process continues as Ghana’s legal system navigates the complex intersection of domestic accountability mechanisms and international extradition procedures.
